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Regulatory Compliance Resources: Registration now open for NACD webinar on OSHA GHS implementation
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Please join NACD for a regulatory webinar at 12 noon Eastern time Thursday, March 7, to learn what steps your company must take to meet the implementation deadlines for the new rule to align the Hazard Communication Standard (HCS) with the United Nations' Globally Harmonized System (GHS) of Classification and Labeling of Chemicals. During the March 7 webinar, Emily Walter, Regulatory Specialist for ICC Compliance Center will review the upcoming GHS deadlines and provide information on what your company must do to meet these deadlines. The webinar will also address relationships and conflicts between the new GHS system and other regulations and agencies including U.S. Department of Transportation labeling, U.S. Environmental Protection Agency reporting, and Consumer Product Safety Commission rules and requirements. More

Regulatory Update: OSHA issues corrections to GHS rule
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On February 8, the U.S. Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register to correct minor errors in the revised Hazard Communication Standard, which aligns hazard classification and communication with the Globally Harmonized System (GHS) of Classification and Labeling of Chemicals. OSHA published the original GHS rule on March 26, 2012. OSHA says that the majority of the corrections change references to "material safety data sheet" or "MSDS" in other OSHA standards to the current reference of "safety data sheet" or "SDS." These were inadvertently missed in its original publication of the final rule. Other changes include correcting values or notations in tables, and updating references to terms defined in the March 26 GHS final rule. Click here for a copy of the notice. More

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Regulatory Compliance deadline reminder: EPCRA chemical inventory reports due by March 1
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The deadline for facilities to submit annual chemical inventory (Tier II) reports under the Emergency Planning and Community Right-to-Know Act (EPCRA) is March 1, less than two weeks from now. Under EPCRA Section 311, for any hazardous chemical used or stored in the workplace, facilities must maintain a material safety data sheet (MSDS), and submit the MSDSs (or a list of the chemicals) to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. Under EPCRA Section 312, facilities must also report an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department. Failure to file chemical inventory reports is a common violation for which the U.S. Environmental Protection Agency has been increasingly imposing penalties on facilities. More

Legislative Update: Lautenberg announces he will not seek re-election; Udall takes over as Senate Toxics Subcommittee chair
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Sen. Frank Lautenberg, D-N.J., has announced that he will not seek re-election. Lautenberg is the author of the Safe Chemicals Act, a bill to amend the Toxics Substances Control Act that NACD has strongly opposed because it would severely cripple industry throughout the supply chain. Lautenberg's departure has begun Washington speculation as to what this means for the TSCA debate. Moreover, he will no longer be chairman of the Senate Subcommittee on Toxics because he is chairman of two others. Sen. Tom Udall, D-N.M., has just assumed the subcommittee chairmanship. Nevertheless, Lautenberg has said he will continue to push his bill this Congress, which he hopes to make his legacy. Sen. David Vitter, R-La., is introducing an alternative bill as early as next month, which could significantly change the public discussion on TSCA. Newark Mayor Cory Booker is considered the front-runner for Lautenberg's seat, and he is actively campaigning for it. Another Democrat considering a run is Rep. Frank Pallone. No Republican has yet expressed an interest in running.

Regulatory Update: Federal Railroad Administration increases hazardous materials violation maximum penalty
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Last week, the U.S, Department of Transportation's Federal Railroad Administration (FRA) published a final rule in the Federal Register to increase the maximum penalty for hazardous materials violations. The final rule increases the maximum civil penalty for a person who knowingly violates hazardous materials law from $50,000 to $75,000 for a single incident. The maximum penalty for a violation that results in death, serious illness, or severe injury is increased from $100,000 to $175,000. In addition, the rule eliminates the $250 minimum civil penalty. It maintains the $450 minimum penalty for training violations. The penalty adjustments were mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21), which was enacted last summer. The rule is effective immediately and applies to all violations that occurred on or after Oct. 1, 2012, because that is when the statutory amendments became effective. Click here for a copy of the rule.

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Regulatory Update: EPA imposes $380,000 penalty for RMP violations
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Koch Nitrogen Co. LLC has agreed to pay a $380,000 civil penalty to settle alleged violations of the Clean Air Act at facilities in Iowa and Kansas. According to a U.S. Environmental Protection Agency press release, inspections of three of Koch's facilities in 2007 and 2009 revealed violations of the risk management program required by the Clean Air Act. As a part of RMP, facilities must develop a management system, assess hazards, develop a prevention program, address emergency response, and submit a risk management plan. Inspectors found that the facilities had issues with the management system, had not fully implemented the prevention program requirements, had not adequately coordinated with local first responders, and failed to include all required information in the risk management plan. More

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  • Legislative Update: Senator introduces bills to promote transparency at EPA
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    Sen. Mike Johanns, R-Neb., last week introduced a package of four separate bills to promote greater transparency and accountability in the EPA regulatory process. Johanns stated that the bills are collectively designed to reign in an agency that "is not transparent or responsible, but rather short-sighted and arrogant." His first bill is a procedural bill that changes the Congressional Review Act to bring congressional review of guidelines under the authority of Congress. Current law makes only actual rules subject to formal Congressional review. EPA has been increasing using guidelines not subject to the Act. More

    NACD responds to Obama's call to boost manufacturing
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    President Barack Obama touched on several business issues in his 2013 State of the Union address. NACD applauds his statement that manufacturing needs to be strong for our economy to grow. "NACD members sell to every manufacturing segment in the United States," NACD President Chris Jahn said. "Because of our current tax, tort, energy and regulatory policies, it is 20 percent more expensive to manufacture in the U.S. than overseas, excluding the cost of labor. For the economy to truly grow, that needs to change." More

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      General Business Interest

    How to establish a maintenance program that will keep FMCSA happy
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    Many people are puzzled by what the Federal Motor Carrier Safety Administration is talking about in the maintenance regulations. In §396.3 it simply states that a carrier must have a program to "systematically inspect, repair and maintain, or cause to be systematically inspected, repaired and maintained, all motor vehicles and intermodal equipment subject to its control." This applies to all carriers, whether you have one truck or 20,000. As far as actually establishing the specifics of the maintenance program, that is up to the carrier. More

    REACH improving EU's chemical safety, report shows
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    A new report shows that chemical use in Europe has become safer because of REACH (Registration, Evaluation, Authorization and restriction of Chemicals), which was first applied five years ago to chemical usage standards. A European Commission report finds the program has been beneficial. With REACH, more information about chemicals is available to purchasers via information that spans 30,601 files from the European Chemicals Agency. More

    Graves tells Feds: 'Implement crash accountability'
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    The American Trucking Associations is again calling on the Federal Motor Carrier Safety Administration to "immediately establish a process to remove from motor carriers' records crashes where it was plainly evident that the carrier was not to blame." As examples, the ATA pointed to several crashes where company drivers did not cause nor could have reasonably prevented the crashes. More

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    Committee affirms need for strong federal role in transportation
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    House transportation leaders believe the U.S. should maintain a strong federal role in its transportation and infrastructure. Truckers have long believed in a national highway system, and they reject efforts by some to piece out the funding and control to local, state and private interests. The House Transportation and Infrastructure Committee dedicated its first hearing of the 113th Congress to discussing the importance of the federal role. More

    Banks no match for trucks — where rigs pay twice as much
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    Robert Boyd quit his job as a bank assistant branch manager to start truck-driving school in September. He graduated in December and landed work behind the wheel of a rig at twice the pay. Boyd is riding a wave of job growth at trucking companies as they post payroll increases at more than double the pace of the nation's workforce since the end of 2010. Demand is being driven by the economic expansion, new regulations that cap driver hours and rising turnover caused by long days and time away from home. More

    TMC manual addresses corrosion
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    The Technology & Maintenance Council of the American Trucking Associations has published a manual on vehicle corrosion. "Corrosion: Complaint, Cause & Correction" is intended to serve as a comprehensive resource that addresses various aspects of vehicle corrosion. It offers a practical guide for better understanding proper procedures and guidelines for selecting, servicing and maintaining commercial vehicles to minimize premature corrosion. More

    Trucking group appeals CARB ruling
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    The California Construction Trucking Association has filed a notice of appeal with the U.S. Court of Appeals for the 9th Circuit. It's the latest in a two-year legal battle against the California Air Resource Board's heavy-duty, on-road truck and bus regulations. The CARB diesel engine regulation will force the replacement of most diesel-powered commercial motor vehicles that don't meet 2010 U.S. Environmental Protection Agency standards in order to operate in the state. More

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